Equinet - European network of equality bodies

Equality bodies and the new freedom of movement directive – challenge or opportunity?

October 23rd 2015

Equinet Conference

On 8 December 2015, the Defender of Rights hosted the Conference "Equality bodies and the new freedom of movement directive – challenge or opportunity?" in Paris (France). This conference was dedicated to the role of equality bodies in combating nationality-based discrimination in the framework of the implementation of the new Directive.

Background information and context

Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers was adopted in April 2014. It stipulates that “each Member State shall designate one or more structures or bodies (…) for the promotion, analysis, monitoring and support of equal treatment of Union workers and members of their family without discrimination on grounds of nationality (…) and shall make the necessary arrangements for the proper functioning of such bodies”. The competences of these bodies are similar to competences of equality bodies under EU equal treatment legislation, albeit they appear to go further in some respect. Whereas some Equinet members already hold a mandate to deal with nationality-based discrimination, this Directive could potentially give new competences to other equality bodies.

Conference Objectives

This Equinet conference was dedicated to the role of equality bodies in combating nationality-based discrimination in the framework of the implementation of the new Directive. It brought together equality bodies and relevant European stakeholders to analyse the role and potential challenges for equality bodies under the Directive and generally in addressing nationality-based discrimination.

This conference:

Informed equality bodies about the new Directive

Aimed to position equality bodies as key actors in combating nationality-based discrimination

Enabled equality bodies to share their experience, expertise and good practices with other Equinet members and European stakeholders

Discussed the challenges equality bodies might face under the new Directive

Speakers’ Presentations

OPENING

Welcome and opening by Equinet (Evelyn Collins, Chair of Equinet, Chief Executive of the Equality Commission for Northern Ireland)

CONCLUDING SESSION

Summary

Photographs

Reading Material: Equinet

Equality Bodies and Freedom of Movement (2015)

Reading Material: Defender of Rights

Suggestions of relevant documents (anoymized) illustrating the work of the Defender of Rights in the field of national based discrimination towards EU citizens and their family (there is also one case about reverse discrimination against non EU citizens). All of these documents are in French

A- Employment

1. Decision of the former Halde, n°2009-139 of March 30 2009, concerning “closed jobs”

Déliberation no. 2009-139 du 30 mars 2009

2. Decision of the Defender of Rights n°MLD-2014-32 of March 27 2014, about the early discriminatory termination of a fixed-term contract of a commercial assistant due to the Romanian nationality of the claimant

Décision du Défenseur des droits no. MLD/2014-32

3. Reminding of the law (former Halde, March 24 2010) to the competent authority about a discriminatory French nationality requirement to complete an internship as a student doctor in a military hospital.

Lettre Réf: D2-CH-MA 2008-06180-001

4. Mail of inquiry (Defender of Rights, February 6 2015), about a French or German nationality requirement in order to be appointed as Director or Deputy Director of a scientific research center in Germany.

Lettre Réf: 15-000342/FP

B- Access to housing and education

5. Decision of the Defender of Rights n°MLD-2015-13 of April 7 2015, on the subordination by an owner renting his apartment to a condition based in particular on the nation, the origin or the religion of the tenant

Décision du Défenseur des droits no. MLD-2015-13

6. Decision of the Defender of Rights n°MLD-2012-159 of November 21 2012, concerning reverse discrimination towards children of non EU parents regarding school registration

Décision du Défenseur des droits n0. MLD-2012-159

7. Decision of the Defender of Rights n°MDE-2015-299 of November 18 2015, related to difficulties encountered by parents of Romanian children from the Roma community for school registration.

Décision de saisine d’office du Défenseur des droits MDE-2015-299

C-Access to social advantages

8. Reminding of the law (Defender of rights, November 27 2015) about discriminatory significant delays in the liquidation of pensions of EU Spanish citizens that don’t reside anymore in France (concerning more than 30 claimants).